aos STEM OPT to Green card filing

[Sansh 0]

Hi all,

 

My current status in USA is F-1. Currently I am holding a STEM OPT EAD card and working full time. My STEM OPT expires on July, 2020.  I got married to an US citizen last week. We are planing to start a green card process. So, we know that we need to file form I-485 and I-130. Is there any other forms that we should consider filing?

 

Also, since I am on STEM OPT which expires on July 2020, do I need to file a form I-765 for the EAD?

[millefleur 5,035]

**Moved from Student & Exchange Visitor Visas to AOS Work, Student & Tourist visas; OP married a USC and is in the process of adjusting status**

[AtlToBlr 64]

On 2/19/2019 at 6:25 PM, Sansh said:

Hi all,

 

My current status in USA is F-1. Currently I am holding a STEM OPT EAD card and working full time. My STEM OPT expires on July, 2020.  I got married to an US citizen last week. We are planing to start a green card process. So, we know that we need to file form I-485 and I-130. Is there any other forms that we should consider filing?

 

Also, since I am on STEM OPT which expires on July 2020, do I need to file a form I-765 for the EAD?

I have asked this question here, i have also asked this on legal websites and I have also asked this to lawyers in person. Let me tell you that we go different responses from different people - lawyer or not lol. 

 

My wife was in the same situation as you. We ended up sending the I-765 with the packet. While the I-765 was being processes, she continued to work on her STEM OPT. When we received the new EAD/travel combo card, my wife informed her employer that her status has changed and she has a new EAD. They asked for a copy and that was it. No issues. So, from personal experience, it doesn't hurt to send one in..specially if you are sending the advance parole form as well. 

Hope this helps and let me know if you have any questions. I know this process can be daunting. 

Edited February 22, 2019 by AtlToBlr

[arken 4,197]

Look for guidelines on this site and you will find tons of instructions.

In short, forms are i130, i130A and i485, i864 and i 693. 

Optional but free to apply forms are i765/i131.

 

Whether to file i765/i131 or not?

Your new AOS based EAD (say AOS EAD not to get confused with OPT EAD) application is independent of your current OPT EAD. If you apply for it and got AOS EAD, it will have no impact on your current OPT EAD and ur F1 status as long as you don’t use it. So i say submit the form so that you can use your AOS EAD for work  in case your OPT EAD expires before you get your GC. 

 

If you use AOS EAD, then you are no longer in F1 status but in pending AOS status. 

 

Having AOS based EAD/AP as a backup is good just in case you get laid off from ur 

current job and u don’t find employers to offer you job with OPT EAD or when you need to travel abroad.